Bonus
A Dictionary of Law · William C. Anderson · 1889
A Dictionary of Law
1.
Lat. Good. Bona fldes. Good faith. See Fides. Boni judieis.
See Judex, 3, Boni, etc. 2.
Eng. (1) Not a gift or gratuity, but a sum paid for services, or upon a consideration in addition to or in excess of that which would ordinarily be given.5 A State may exact a bonus for the grant of a franchise, payable in advance or in futuro (as, one-fifth of the fare pa^d by passengers to a railroad company), although it affects the charge which the donee of the franchise will have to exact. Such bonus differs in principle from a tax on transportation between States, which is an interference and regulation of commerce.' (2) A premium paid for the use of money beyond the legal rate of interest. Although one portion of the sum be called interest and another portion a bonus, the contract is still usurious.^ Usury laws cannot be evaded by an understanding 1 National Bank of the Republic v. City of St. Joseph, 31 F. E. 219 (1887), oases, Wallace, J. " Holmes v. City of Shreveport, 31 F. E. 181 (1887) Boarman, J. 'Anthony v. County of Jasper, 101 U. S. 699 (1879), Waite, C. J. * Loan Association v. Topfeka, 20 Wall. 658-67 (1874), cases.
Miller, J.; Parkersburg v. Brown, 106 U. S. 600 (1882). See generally Phelps v. tewiston, 15 Blatch. 151-53 (t8T8); Smith v. Ontario, ib. 269 (1878); Stewart v. Lansing, ib. S87 (1878); Commonwealth ex rel. Whelen V. Httsburgh, 88 Pa. 66, 81 (1878); Pierce, Railroads, 87-109, cases; 26 Am. Law Eeg. 209-22, 608-20 (1878), cases. ' Kenioott u.
The Supervisors, 16 Wall. 471 (1872), Hunt, J. • Baltimore & Ohio E. Co. v. Maryland, 21 Wall. 473, which assumes the distinctness of a contract for the payment of additional interest as a bonus.''